Enhanced maternity pay clawback forfeit

[MyOtherHusbandIsAWash]

I returned from maternity leave recently after taking enhanced maternity pay. I have to stay with my company a fixed period or there’s a clawback (and it’s a lot). My question is on what grounds would the clawback be forfeit?

When I went on ML, I intended to stay there forever. However, since I returned the working conditions are terrible. I can’t go into specifics as it’s outing but let’s say it’s now a toxic work environment, far more stressful, far more work with longer hours and no overtime (overtime is not payable due to work nature), and I’d never have taken EMP had I foreseen it. I want out and now feel trapped, which is starting to impact my MH even more than just the wretched work environment. I don’t have PND but do now have a much shorter fuse than usual.

I am planning to speak to ACAS and my union. But I’m not sure what can really he done.

Presumably you knew the conditions up front? Unless the role has materially changed it still stands,

I did in terms of pay and commitment. I didn’t in terms of knowing working conditions would change so much while I was away.

I should add that they are somewhat in breach of contract as they are not providing certain contractual benefits due to understaffing.

How long are you required to stay to keep the enhanced pay? lots of places its only 3 months or so ... or can you reduce hours?

How long is the fixed period, and is it a sliding scale or do you have to stay for the full period? It's potentially worth checking whether the period you're expected to stay is reasonable with an organisation like Pregnant then Screwed.

Alternatively, is there any option to move to a different role in the same company?

What would be the implications of just not doing the extra unpaid overtime?

Fixed period is 12 months sliding scale. There is no other role as it’s specialised. Not doing extra hours means someone else has to stay later to do it. I do have to leave the office by a certain time to get back for the baby but end up logging on after they are in bed to do some work remotely to try and help colleagues stuck at work get home. Really my main option is probably to quiet quit by sticking to my hours to get me through the next year but that rather shits on my coworkers and is going to lead to resentment.

i think you would be better challenging why you’re not getting the contractual benefits you are entitled to.

Perhaps you need to look at your contract and see where these changes in conditions fall in that because if they don't, that's a separate conversation to have. At the end of the day, anything significant in terms of change needs to be consulted.
If you can't afford the clawback, I think you need to find a way to make it manageable for you, discussing your return to work with your LM and difficulties experienced and try to find something that is mutually beneficial.

Look after no.1. You have a new baby, you need all the energy you can get. Don't log on after work. Do your contracted hours. Keep your head down and detach emotionally. Look for another job as soon as it's feasible.

What's the sick pay there like?

I'm sorry to be cavalier but: sod your coworkers. You and your baby come before trying to get them home. It's everyone for themselves in a toxic work environment and you have no idea if someone you're trying to help won't shaft you next week

It really sounds like you and your colleagues need a union.

I would probably stick it out for the year and use that time to work out what to do next. Knowing you have an exit plan may well make it bearable.

You could argue that the toxic work environment constitutes a material change in your employment circumstances.

Raise a grievance with HR saying that you believe you are being made the focus of a targeted effort for constructive dismissal due to active decisions to make your work environment impossible to tolerate and that you believe this is entirely due to your recent maternity absence and therefore constitutes sex discrimination.

This won't be resolved immediately but raising the case may force management to take steps to make it tolerable for you to stay until your minimum-post-ML service is completed or they may iffer you a negotiated settlement to leave.

We’re in one but I never have the chance to speak to them as I work when they do. I am going to speak with them at some point in the next few weeks.

We’re in one but I never have the chance to speak to them as I work when they do. I am going to speak with them at some point in the next few weeks.

I wondered about this which is why I posted-how far removed from original does a job have to be in order to raise this. I know all of my colleagues feel the same way so it’s not like I’m the only one. We’re all utterly miserable and at least try to have eachothers’ backs!